False Imprisonment in the UK
False imprisonment is an extremely serious common law offence in the UK, with the potential punishments being severe for anyone facing a conviction.
It is important to be aware of what actions could be classed as false imprisonment in the UK, and what could happen if you are charged by the police. We discuss these issues in the following article and how our expert criminal defence solicitors can support you if you are accused of false imprisonment.
Please note that the following article is for informational purposes only and should not be taken as legal advice. If you need legal support with false imprisonment charges, please get in touch, and our team can advise you.
What is false imprisonment?
False imprisonment, also referred to as unlawful imprisonment, involves the unlawful and intentional or reckless restraint of a victim’s freedom of movement from a particular place against their will. Often, false imprisonment will occur within a domestic setting, such as where the victim is also subject to coercive and controlling behaviour.
How does false imprisonment differ from kidnap?
There is often some confusion regarding the difference between false imprisonment and kidnap, and while there is some overlap between the two offences, there is an important distinction that you need to be aware of.
The key difference is that Kidnap involves taking another person or carrying another person away from one location to another without their consent and without legal excuse, either by force or fraud. On the other hand, false imprisonment involves restraining the movement of another rather than forcibly moving them.
In many cases, the offence of kidnapping will lead to an offence of false imprisonment. For instance, if a victim is confined or detained after being taken or moved by the kidnapper.
What are examples of false imprisonment?
There are several potential examples of actions which could be examples of false imprisonment. These include, but are not limited to:
- Someone being locked in a room without their consent, even if the room is owned by the victim as a part of their property.
- Someone being held down or restrained so that they cannot move.
- Someone being detained by a security guard or store owner for an unreasonable amount of time for suspected theft.
- Nursing home staff medicating a patient without consent, or whilst the patient is under physical or emotional threat.
What are the sentencing guidelines for false imprisonment?
The sentencing guidelines for false imprisonment indicate that potential punishments you could receive can vary significantly.
It is possible to receive anything from six months’ imprisonment right the way through to a maximum sentence of life imprisonment. These sentencing guidelines are the same as for kidnap.
The severity of the sentence handed out for false imprisonment will depend on the culpability of the offender and the harm caused.
Culpability is divided into three categories:
A – High Culpability
- Conduct repeated or prolonged over a substantial period of time
- Sophisticated planning
- Deliberate targeting of particularly vulnerable victim and/or their family
- Use of violence
B – Medium Culpability
- Violence threatened
- Other cases that fall between categories A and C because:
- Factors are present in A and C which balance each other out and/or
- The offender’s culpability falls between the factors described in A and C
C – Lower Culpability
- Limited in scope and duration
- Involved through coercion, intimidation or exploitation
- Offender’s responsibility substantially reduced by a mental disorder or learning disability
Harm is also divided into three categories:
Category 1
- Serious distress and/or psychological harm caused to the victim and/or others
- Property demanded or obtained is of substantial value (financial or otherwise) regardless of monetary worth to the victim and/or others
- Widespread public impact of the offence
Category 2
- Some distress and/or psychological harm caused to the victim and/or others
- Property demanded or obtained is of some value (financial or otherwise) regardless of monetary worth to the victim and/or others
Category 3
- Limited effects of the offence
- Property demanded or obtained is of a small amount (financial or otherwise) regardless of monetary worth to the victim and/or others
What should you do if you are accused of false imprisonment?
An allegation of false imprisonment can be very distressing, especially as the potential punishments can be severe. Therefore, it is essential to receive specialist advice and representation from a team with substantial experience in handling false imprisonment cases.
At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience in advising and representing individuals accused of a wide range of offences, including false imprisonment. Our specialist expertise ensures that we can offer the strongest possible legal defence, working with you to have your charges dismissed or, if conviction is unavoidable, ensure you receive the lowest possible sentence.
We are highly proficient in handling the types of evidence usually relied on by the prosecution in false imprisonment cases, including forensics such as fingerprint and DNA analysis, digital evidence, and witness testimony. We will take every measure to ensure that any flaws in the prosecution’s case are highlighted and every angle of defence is explored.
We are accredited by the Law Society for Criminal Litigation, and our previous experience means that we can clearly demonstrate a strong track record of success, which has led us to establish strong relationships with many of the country’s leading criminal defence barristers.
If you are facing a false imprisonment charge, we are here to provide you with the support you need.
Related offences
We also provide support and guidance on various other matters that are related to false imprisonment, including:
- Kidnap and false imprisonment
- Serious crime
- Assault and violent crime
- Modern slavery and human trafficking
Related cases
- Not Guilty conspiracy Kidnap and GBH Harrow Crown Court 2021
- Not Guilty - Kidnap / False Imprisonment / Blackmail
Fees and funding
We are always clear and upfront when it comes to legal fees.
If you are required to attend court for false imprisonment, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.
Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.
To find out more about the way we handle fees (both Legal Aid and private fees) please use the links provided below:
- Our Fees – Crime Cases
- Do I Qualify for Criminal Legal Aid?
- Private criminal defence
- Bespoke Crime Private Fee Service
- Will Your Private Legal Costs Increase?
- Do we offer free consultations?
Contact our false imprisonment lawyers today
If you are due to attend the police station, require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.
You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:
- Brent & Camden London Office: 0207 624 7771
- Manchester Office: 0161 835 1638
- Birmingham Office: 0121 614 3333
- City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)
Or email: solicitors@jdspicer.co.uk
Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.
24/7 legal representation
For immediate representation and advice, you can contact our Emergency Number: 07836 577 556, and we will provide a prompt, friendly response.
How can we help?
Common questions
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
Yes, read about the recent cases we've helped our clients with here.
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.